Indiana Code 15-16-5-69. Inspections; search warrant; prosecution; injunction
(1) Observe the use and application of a pesticide product.
Terms Used In Indiana Code 15-16-5-69
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- equipment: means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide. See Indiana Code 15-16-5-13
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. See Indiana Code 15-16-5-23
- pesticide: means :
Indiana Code 15-16-5-25
- pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-5-28
- property: means all:
Indiana Code 15-16-5-31
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- use: means an act of handling, releasing, or exposing individuals or the environment to a pesticide. See Indiana Code 15-16-5-36
(3) Inspect and sample property actually or reported to be exposed to pesticide products.
(4) Inspect storage or disposal areas.
(5) Inspect or investigate complaints of injury to humans or property.
(6) Sample pesticide products being produced, distributed, transported, stored, disposed, or used or to be used.
(7) Inspect and obtain copies of pesticide product production, sale, distribution, purchase, use, storage, and disposal records, including confidential business information. Confidential business information obtained under this subdivision is confidential for purposes of IC 5-14-3-4(a).
(b) The state chemist may, upon showing a need, apply to any court with jurisdiction for a search warrant authorizing access to the property. The court may, after receiving the application and finding a need, issue the search warrant for the purposes requested.
(c) A prosecuting attorney to whom a violation of this chapter is reported may institute and prosecute the violation in a court with jurisdiction of that county without delay. The state chemist may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction may be issued without bond.
[Pre-2008 Recodification Citation: 15-3-3.6-18.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.83; P.L.99-2012, SEC.19.